Category Archives: Child Welfare

Unpublished ICWA Case from MN, Judge Jesson Concurrence

Here. This is an unpublished termination of parental rights out of the Minnesota Court of Appeals. Here is the concurrence in its entirety:: With a backdrop of historical trauma and a high number of Indian children being removed from their … Continue reading

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North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289 The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to … Continue reading

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Alaska OCS-Tribal Services Compact

We’ve been getting a number of questions about this compact, likely due to the level and type of press coverage about it in Alaska (see here). We’ve hesitated to post on it, given all the people who know it much … Continue reading

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CBC Article on Indigenous Children in Foster Care

Coverage of some of the tremendous problems with Canada’s foster care system. According to a report from B.C.’s representative for children and youth, although Indigenous children are less than 10 per cent of the population, they account for 62 per cent of … Continue reading

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Fletcher Paper on States and American Indian Citizenship Rights (+ ICWA)

Here is “States and Their American Indian Citizens,” recently published in the American Indian Law Review. An excerpt: This article is intended to provide a theoretical framework for tribal advocates seeking to approach state and local governments to discuss cooperation … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA, Michigan Indian, Scholarship | Tagged , , , , | Leave a comment

Press Release and Coverage Regarding Texas v. Zinke (ICWA Challenge)

California Tribal Families Coalition, News Release Tribal Coalition Urges Attorneys General to Protect Tribal Children A coalition of California tribes and leaders today urged state attorneys general across 18 states and U.S. territories to stand with tribes in support of the … Continue reading

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NCJFCJ ICWA Bench BOOK is Now Available!

Last published in 2003 as bench cards, NCJFCJ has issued a new and improved ICWA bench book for judges. There are a few of you who have been asking me about these weekly–here they are! Press release here NCJFCJ_ICWA_Judicial_Benchbook_Final_Web New! … Continue reading

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Supreme Court Declines to Take S.S. v. CRIT (ICWA case)

Here is the order. Here are the documents. Remember, now in your ICWA briefs you can add that cert. denied signal if you like.

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Texas and Prospective Adoptive Parents File Constitutional Challenge to ICWA and Regulations

Complaint here (northern district of Texas). Additional documents will be posted here. Plaintiffs thus bring this action for declaratory and injunctive relief and pray that this court: (1) vacate and set aside the Final Rule; (2) declare that Sections 1901–1923 … Continue reading

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ICWA Inquiry Case out of Colorado Court of Appeals

Here. To decide if the trial court complied with ICWA, we must answer a question that has yet to be decided in Colorado: When a trial court inquires at an initial temporary custody hearing at the commencement of the dependency … Continue reading

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